(1) Required side yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard.
(2) The side yard setback is measured from the side lot line of the building site, except when a front yard is treated as a side yard, the setback is measured from the lot line or the required right-of-way as determined by the thoroughfare plan for all thoroughfares, whichever creates the greater setback. On minor streets, the setback is measured from the lot line or the existing right-of-way, whichever creates the greater setback.
(A) When city council by ordinance establishes a specific right-of-way line for a street, the required setback is measured from that right-of-way line.
(3) Reserved.
(4) A unitary air conditioning unit may be located in the required side yard, but not nearer than three feet to the property line.
(5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp must be completed in 10 days.
(b) Side yard provisions for residential districts.
(1) In a single family district, one required side yard may be reduced below the setback required in this section, if the other side yard is increased to at least double the side yard required in this section, subject to the following conditions:
(A) The minimum side yard between structures on contiguous lots must not be less than the minimum side yard required in this section.
(B) To reduce the required side yard, a subdivision plat must be approved by the commission and filed with the county clerk showing the location of all building lines, and showing the proposed distances between the building lines and property lines, streets lines and alley lines.
(C) A person may not erect an accessory structure except for a swimming pool and its appurtenances in the double side yard.
(2) Reserved.
(3) In a residential district, a person need not provide a side yard setback for a structure accessory to a residential use, including a generator, if the structure:
(A) does not exceed 15 feet in height; and
(B) is located in the rear 30 percent of the lot.
Note: This paragraph does not apply to a front yard governed by the side yard regulations in Section 51A-4.402 (such as a front yard treated as a side yard on a corner lot).
(4) through (6) Reserved.
(c) Special exception for carports.
(1) The board may grant a special exception to the minimum side yard requirements in this section for a carport for a single family or duplex use when, in the opinion of the board, the carport will not have a detrimental impact on surrounding properties.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) The suitability of the size and location of the carport.
(D) The materials to be used in construction of the carport.
(3) Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.
(d) Special exception for tree preservation.
(1) The board may grant a special exception to the minimum side yard requirements in this section to preserve an existing tree.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) Whether the tree is worthy of preservation.
(e) Schedule of minimum side yards.
(1) Except as provided in this section, a person shall not erect, alter, convert, or maintain a structure or part of a structure in violation of the minimum side yard requirements in the district regulations (Divisions 51A-4.100 et seq.). A schedule of minimum side yards is provided in Section 51A-4.410. (Ord. Nos. 19455; 20236; 21186; 21290; 22053; 30895)